and the CSCE process as a whole a solid basis from which to promote free and fair elections. In this
regard, it was pointed out that a number of CSCE States have yet to hold free parliamentary elections,
as well as regional or local elections. States moving towards parliamentary elections were encouraged
to do so in the interests of political legitimacy and democratisation.
Beyond elections, the need was emphasised for a democratic way of life, with equal opportunities for all
parties, NGOs, and individual citizens themselves to build a democratic society. The important role the
media had to play in the dissemination of information concerning the practical aspects of democracy
was emphasised. It was also noted that the government imperative to promote stability could not serve
as an excuse for depriving individuals of their political rights.
In the discussion on citizenship, participants noted that the recent and ongoing changes in Europe,
including the emergence or dissolution of States, have entailed far-reaching political and legal
consequences for large groups of individuals. The need of some States to take measures to maintain and
strengthen national identity was recognised. At the same time, the importance of a pragmatic attitude
and a formula which would be in the long-term interests of all concerned was emphasised. It was
suggested as a general guideline for all participating States that it did not seem a healthy situation to
have a large segment of the population of a given country excluded from the democratic process at the
national level.
Some participants emphasised that long-lasting solutions required a longer process of transition and
adaptation. It was urged that legal and historical factors be taken into account when examining
problematic situations within the CSCE community. A number of participants described measures to
develop or amend citizenship laws in their countries, and to define the legal status of non-citizens.
On the basis of the discussions, the following informal recommendations can be made:
- CSCE participating States, both bilaterally and multilaterally, should continue to support assistance
programmes in the areas of democratic institution building and the rule of law.
- The ODIHR should consider holding a seminar on practical aspects of the principles of an
independent judiciary.
CLUSTER IV
Cluster IV dealt with Tolerance and non-discrimination; National minorities as referred to in the
relevant CSCE documents; Migrant workers; Involuntary migrants and refugees.
At the outset of the discussion, it was noted that the concept of "tolerance" implies an inequality within
society that is contrary to the spirit of non-discrimination and mutual respect which CSCE
commitments reflect. CSCE States were urged to seek new language in this regard.
Many participants condemned the rise of xenophobia, racism, and its violent manifestations in the
CSCE community, and called for a broad and intensified approach to combating these phenomena, and
to promoting mutual respect within society. The need to promulgate and enforce legislation against
racial and ethnic discrimination was emphasised.
Participants pointed to groups which were not "national minorities" but which none the less suffered
discrimination, including women, homosexuals, migrants workers, and conscientious objectors. It was
suggested that the situation of women deserved more consideration within the human dimension
framework. Many participants deplored the systematic use of rape and sexual degradation in the
violence in the former Yugoslavia, stating clearly that rape is a war crime.
It was pointed out that the CSCE commitments in the area of non-discrimination cover homosexuals as
well. Suggestions were made that discriminatory State policies against homosexuals, and criminalising
legislation, should be eliminated.
CSCE ODIHR BULLETIN Vol. 2, No. 1
43
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